New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE LOWER LACHLAN GROUNDWATER SOURCE 2003 - REG 18

18 Planned environmental water

Note: It is anticipated that the planned environmental water provisions in this Part and management of local impact provisions in Part 10 of this Plan will also protect heritage sites and cultural values associated with groundwater (see clause 11 (d)).

(1) Subject to Part 10 Division 2 of this Plan, the physical water contained in the storage component of this groundwater source, minus the amount required for supplementary water access permitted under clause 25D, as varied by clause 29, will be reserved for the environment.

Note: Access to water under supplementary water access licences in this water source will not be permitted after 30 June 2017 and from that date the physical water contained in the storage component of this groundwater source will be reserved for the environment.

(2) The Minister may under section 45 (1) (b) of the Act amend subclause (1) after 30 June 2010 to include a portion of the average annual recharge to this groundwater source as planned environmental water, based on further studies of groundwater ecosystem dependency undertaken by the Minister.

Note: The Minister should undertake further studies of the groundwater dependency of ecosystems within this Groundwater Source, as recommended by the Natural Resources Commission, including any potential groundwater ecosystem located beyond this Groundwater Source that may be affected by the management of this Groundwater Source.

Note: The extent to which this change may impact on access licence holders is limited by clause 28.

Note: The studies may recommend management options other than reservation of a portion of recharge to protect groundwater dependant ecosystems.

(3) The results of the studies undertaken in subclause (2) must be independently reviewed.

(4) A water management committee, or in its absence an advisory committee established by the Minister to include representatives of domestic and stock rights groundwater users, water utilities, irrigation, industry, Aboriginal people, environmental groups and others, should:

(a) advise the Minister on the terms of reference and selection of consultants for the independent review established in subclause (3), and

(b) advise the Minister by 31 March 2010 on any changes to planned environmental water based on the study and the outcomes of the independent review.

(5) The Minister should take into account the review in subclause (4), and the advice provided in accordance with subclause (3), before making a variation under subclause (2).